Agenda 04/09/2013 Item #16A 5 4/9/2013 16.A.5.
EXECUTIVE SUMMARY
Recommendation to ratify and approve a stipulated Final Judgment as to Parcel 124FEE
as part of the US-41 / Collier Boulevard Intersection Improvement project (Project No.
60116) Fiscal Impact: $39,000
OBJECTIVE: To settle the lawsuit styled Collier County v. New Plan Holdings, LLC, et al, as
to Parcel 124FEE (Beaumaris, LLC) and eliminate exposure to further costs arising out of
extended litigation.
CONSIDERATIONS: Parcel 124FEE is a partial taking from a commercially zoned property
located at the intersection of Triangle Boulevard and Collier Boulevard, and is required for the
construction of the proposed at-grade intersection improvements we will be commencing later
this year, as well as the proposed grade-separated overpass sometime in the future.
Collier County offered to purchase Parcel 124FEE for$111,000 the estimated value of the taking
according to the County's real estate appraiser. Beaumaris' attorney countered at $170,000 plus
experts' and attorney's fees; and ultimately accepted a settlement proposal of $150,000
including experts' and attorney's fees and costs which the County is required to pay pursuant to
Sections 73.091 and 73.092, Florida Statutes. The final judgment issues a credit to the County
for funds in the amount of$111,000 already deposited in the court registry.
FISCAL IMPACT: Funds in the amount of$39,000 are available in the project. Source of
funds are impact fees. There are no on-going maintenance or repair costs associated with this
action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the approval of this agenda item.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. JW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida,
approve entry of the attached Stipulated Final Judgment with the Circuit Court and authorize any
budget amendments that may be required to fund this settlement.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager
Attachments: 1) Stipulated Final Judgment; 2) Legal description
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to ratify and approve a Stipulated Final Judgment as to
Parcel 124FEE as part of the US-41/Collier Boulevard Intersection Improvement project
(Project No. 60116). Fiscal Impact: $39,000
Meeting Date: 4/9/2013
Prepared By
Name: HendricksKevin
Title:Manager-Right of Way,Transportation Engineering
3/8/2013 3:14:19 PM
Approved By
Name: LynchDiane
Title: Administrative Assistant
Date: 3/15/2013 9:39:13 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 3/15/2013 12:31:55 PM
Name: ShueGene
Date: 3/15/2013 2:50:54 PM
Name: AhmadJay
Title:Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 3/18/2013 2:04:58 PM
Name: KearnsAllison
Date: 3/20/2013 11:16:00 AM
Name: WrightJeff
Title:Assistant County Attorney,County Attorney
Date: 3/20/2013 12:38:04 PM
Name: MarcellaJeanne
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Title: Executive Secretary,Transportation Planning
Date: 3/27/2013 9:41:30 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/28/2013 11:51:17 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/1/2013 11:52:09 AM
Name: OchsLeo
Title: County Manager
Date: 4/1/2013 1:09:22 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA,a political
subdivision of the State of Florida,
Case No.: 13-CA-238
Petitioner,
Parcel: 124FEE
vs.
NEW PLAN FLORIDA HOLDINGS,LLC,a
Delaware limited liability company; et al.,
Respondents.
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT
AS TO PARCEL 124FEE
Petitioner, COLLIER COUNTY, Respondent, BEAUMARIS, LLC, a Florida limited
liability company, and Respondent, ENCORE NATIONAL BANK, a national association, by
and through their undersigned counsel, hereby stipulate and jointly move the Court to enter the
foregoing Stipulated Final Judgment as to Parcel 124FEE with Disbursement Orders to Clerk.
Marshall P. Bender,Esq. Jeffrey L. Hinds,Esq.
Quarles &Brady, LLP FBN: 0008710
1395 Panther Lane Jay J. Bartlett
Suite 300 FBN: 875163
Naples,Florida 34109-7875 SMOLKER BARTLETT SCHLOSSER
(239) 659-5031 LOEB&HINDS,P.A.
FBN: 71474 500 East Kennedy Blvd., Suite 200
Counsel for Beaumaris, LLC Tampa,Florida 33602
tl^ `�� ' (813)223-3888
Dated this 11 day of /"'4'ctti ,2013. Special Counsel to the Petitioner
Dated this day of ,2013.
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Anthony P. Pires, Jr., Esq.
WOODWARD FIRES&LOMBARDO,P.A.
3200 Tamiami Trail North,Suite 200
Naples,Florida 34102
(239)649-7432
FBN:203671
Counsel for Respondent Encore National Bank
Dated this day of ,2013
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•
Schedule
(Fee Simple Acquisition)
TERM SIgET OF INTERESTS AND RIGHTS ASOI4IRED AND OBLIGATIONS
INCURRED FOR THE CONSTRUCT10g,OPERATION AN;MAINTEMANCE_OF
its q,A suntriWill MT*
OF Lup 41 AND COWED BOULEVM p n7RANSPORTATIOa INTERSECdON
The following summarizes the interests and tights Collier County (hereinafter the
County") shall acquire from the property owners/interest holders (hereinafter
"Owner(sT) of certain real property and described in the legal description and sketch
('Schedule in and the obli ationsl the County has agreed to comply with in connection
with such interests and rights:
1. The area of the interests and rights to be acquired by the County are described
and depicted heroin and on Schedule It,
2. Schedule tt describes and depicts a fee simple acquisition from Owners)for road
construction and related purposes,ell being associated with the Project. The County
shall acquire a fee simple interest M the property described and depicted on Schedule
it.
Schedule I-Page 1 of 1
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. • • i
k
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"` SCHEDULE II
a. .
causrE owe AIEPUT Page 1 of 1
0 40 4p PM 22.PG 9 FN6 S7 oT'E
TRACT 1R 22.36'
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1'-10' OR 4274, PG cm 43.E il r
POLO No. 29110000602
O
124FEE o.ew•
10,220 SF
1 l•
L•2E1.73'
0.2163.00' lilt/
CB.N3TF'213'3TT: Ili,0.2131.64' $ 0!
N:NNNI. .:.
-49 %.1304„ 0
.9w
tea' �� (1111 POB /ECM-ROW
!K4•21'011M N.C. C RNER OF TRIANGLE
17.05' WEL AT CA. 161 K R PB 5 i
L.39.255' 16 PC»
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UP•01UTY brDIOR
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asorDR
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LEGAL DESCRIPTION - PARCEL 124FEEE
INTEREST
A PARCEL OF woo LYNG 94 SECRON 34 TONNSMP SO SOUTH. RANK 26 [AST, COWER COUNTY, FtONIDA BENC
%ORE PKRTICUURLY OCSCRNED AS FOLLO61:
BEC11ei10 AT THE NORTNEA-4T CORNER Or TRNNCLI eoULE AND LYING ALT.IACENT TO C.R. 091 AS SHOW ON THE
FIAT OF LELY RCSCMt. PKIASE ONE, RECORDED IN PLAT BOOK I1. PACES 67 TH RouGH 99 or THE PIINJC RECORDS
Of COLLRR =MY, PLO A;
THENCE&ONG THE NORTHERLY R1W T-OF•MIY LINE Of SAID TRIANGLE BOULEVARD,THE MUM=TVO (2)
1) THENCE 39.26 FEET MANY' A CURVE TO WE RIGHT, HAVBO A RIOMS OF 25.00 RCT.THROWN A CENTRAL ANGLE
OF I0'57'21.ANO WHOSE LONG cum ewe a$a4o'19'W rote A moo= Or 33.34 FED;
�__.THENCE*culvert, FOR 17.06 FEET TO THE 1C0046103 OF A NON-TANSDIFAL cum
'THENCE LEANNG sAC, l VmoL 6OUIZwARD, 211.73 PEET ALONG A CURVE 10 THE LEFT. 141140 A MOM OF 2963.00
FEET TNIOUGN A corm.Mat Or 0527'36'. AND !NOSE LONG 01010 128(0 NJWWW37'E FOR A co/19mm OF
211.b2 FEET;
0E04Cl WOO$4'le'E FOR 43.39 FEET;
THENCE N16'STOT( FOR 22.39 FEET.TO A PORT ON TIE EASTERLY BOUNDARY OF TRACT IR CELESTE DRNE REPLAY,
AS RECORDED IN PEAT Rook 24. P c o or THE Plauc REcollos Or vaLiIER COUNTY. FLORIDA ALSO mews Al
THE !WESTERLY RICKY-OF-F/AY UNE OF COUNTY RDIO 951;
1MENCE 53541'36'W FOR 312.29 FEET ALONG THE WESTERLY 110uNDARY Or SAG TRACT 11, TO THE POINT of
eE0Mi10 OF THE PARcEl. MREBI OESCRMED.
CONTMP NG 10.220 SOLYWE FEET VOTE OR LESS. SUBJECT TO EASENDDS AND RESTRICTIONS OF RECORD,
. •
(1u4' 4 /yam
M011AEL A WARD PIOFESSIDNAL LAND SURVEYOR LS#5301 EAT[�pl�
NOT VALJD WITHOUT THE 01909404.11GNATURE &RAMC) EYMOSSO) SEAL Of A FLORIDA REGIST9IIo PROFES16044L
SURVEYOR NA) YAPPER. THIS I NOT A SURVEY.
I ....4..rsr n1/II1Mw'nMErfu•ow rrw...w"r,n.w rrrg somata med.•• ••1ww*r
PROJBCh 0.141/C.Lnz/1.A161
scam A20=RI 0112PCIOPT1Nl
PRRCel, 114PLTit RIUIT-OF-RAY
F1@4RO!0!L1fiJJp 070RTW G9IlAfllgl!/atCAIW or caws/00ReapOR>ii aw r.b••••••••~
me rannam ammo SECTIONITOw,ls14Pi RANGE SGIL can worm 1. ru HMI! ( p
, 69006t.00.00 1 2 1 34 ( Sos 26E 1 I• . fo' I 6!6/12 1 R.AK. 1 MO I24/CE 1 or /
Schedule Q ......._........—.�._ —.....—__._...__�
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY,FLORIDA,a political
subdivision of the State of Florida,
Case No.: 13-CA-238
Petitioner,
Parcel: 124FEE
vs.
NEW PLAN FLORIDA HOLDINGS,LLC,a
Delaware limited liability company; BANK OF
AMERICA,N.A.,a national association;
FLORIDA POWER AND LIGHT
COMPANY;SOUTHERN MANAGEMENT
CORPORATION,a Florida corporation,and
dba Burger King;SUNTRUST BANK,a Georgia
Banking corporation;MAR INVESTMENTS,
LLC,a Florida limited liability company;
COMMERCIAL PROPERTIES STIPULATED FINAL JUDGMENT AS
SOUTHWEST,INC.,a Florida corporation; TO PARCEL 124 WITH
ESPROP,LLC,a Florida limited liability DISBURSEMENT ORDERS TO CLERK
company,SHAWN M.SLATTERY,P.A.dba
Vision One;BIO-MEDICAL APPLICATIONS
OF FLORIDA,INC., a Delaware corporation
dba Fresenius Medical Care and BMA South
Collier Dialysis;MARILYN A.WARE,M.D.,
P.A.,a Florida professional association;
THEYYAR RAJAN DDS,PA.,a Florida
professional association dba Cosmetic&General
Dentistry;THEYYAR RAJAN DDS,P.A.,a
Florida professional association dba Apneanix;
THEYYAR RAJAN DDS,P.A.,a Florida
professional association dba Dental Dynamix;
FOODPROS INTERNATIONAL INC.,a
Florida corporation dba Sapphire Dry Cleaners;
PATRICIA M.DILLON dba Maneland Barber
&Beauty Salon;ISAURA WHITE;UT THI
NGUYEN dba Lovely Nails;
CELLDISTRIBUTIONS CORP.,a Florida
corporation;FDG COMMUNICATION AND
SERVICES LLC,an inactive Florida limited
liability company; DOLLAR TREE STORES,
INC.,a Virginia corporation;GOODWILL
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INDUSTRIES OF SOUTHWEST FLORIDA,
Inc,a Florida corporation;PUBLIX SUPER
MARKETS INC.,a Florida corporation;R&J
HOLDINGS OF NAPLES,INC.,a Florida
corporation dba Jack's Golf Shack;YANG'S
CHINA BUFFET,INC.,a Florida corporation;
ADAMS&O'REILLY,INC.,a Florida
corporation dba McDonalds#13139;REGIONS
BANK,an Alabama corporation;CARRABBA'S
ITALIAN GRILL,LLC,a Florida limited
liability company;EXXONMOBIL OIL
CORPORATION,a New York corporation&a
Mobil Oil Corporation;6859 COLLIER
BOULEVARD,LLC,a Florida limited liability
company;BEAUMARIS,LLC,a Florida limited
liability company; ENCORE NATIONAL
BANK,a national association;LELY
COMMUNITY DEVELOPMENT DISTRICT;
BARRON COLLIER RESOURCES,LLLP,a
Florida limited liability limited partnership;
COLLIER LAND AND CATTLE
CORPORATION, a Florida corporation;
LARRY H.RAY,as Collier County Tax
Collector,and the unknown spouses of the above,
if any,and their heirs,devisees,assignees,
grantees,creditors,lessees,executors,
administrators,mortgagees,judgment creditors,
trustees,lienholders,persons in possession,and
any and all other persons having or claiming to
have any right,title or interest by,through,under
or against the above-named defendants,or
otherwise claiming any right,title,or interest in
the real property described in this action,
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 124FEE
WITH DISBURSEMENT ORDERS TO CLERK
THIS CAUSE came before the Court upon the Joint Motion for Entry of Stipulated Final
Judgment as to Parcel 124FEE ("Joint Motion") filed by Petitioner, COLLIER COUNTY
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("COUNTY"), and Respondent, BEAUMARIS LLC, a Florida limited liability company
("OWNER") and Respondent, ENCORE NATIONAL BANK, a national association
("ENCORE"). The Court having reviewed the record and it appearing that the parties hereto
were authorized to enter into the Joint Motion and that the papers filed herein by COUNTY are
in proper and sufficient form,and the Court finding that the compensation to be paid by COUNTY
is fall, just and reasonable for all parties concerned, and being otherwise filly advised in the
premises,it is hereby
ORDERED and ADJUDGED that:
1. All parties have been properly served with process or otherwise have submitted
themselves to this Court's jurisdiction. The Court has jurisdiction over the parties and the
subject matter of this cause pursuant to Florida Statutes,Chapters 73,74 and 127.
2. COUNTY and OWNER each stipulate to the entry of this Final Judgment as to
Parcel 124FEE.
3. As set forth in the Court's March 13,2013 Order of Taking as to Parcel 124FEE
("Order of Taking"), COUNTY's good faith estimate of the value of Parcel 124FEE is ONE
HUNDRED ELEVEN THOUSAND AND NO/100 Dollars($111,000.00).
4. Pursuant to Fla. Stat. §74.051(2) and the Order of Taking, COUNTY timely
deposited the sum of ONE HUNDRED ELEVEN THOUSAND AND NO/100 Dollars
($111,000.00) into the court registry on March 2013,being the amount of COUNTY'S good
faith estimate of the value of Parcel 124FEE, and thereupon COUNTY became vested such fee
simple interest in and to Parcel 124FEE as described in the Order of Taking and in Schedules I
and II attached thereto.
5. The Order of Taking is hereby ratified and confirmed.
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6. Respondent, ENCORE NATIONAL BANK, claims a mortgage interest in the
property and the proceeds thereof.
7. Respondent, LARRY H. RAY, as Collier County Tax Collector, may therefore
have a claim to the proceeds to be paid for Parcel 124FEE for unpaid ad valorem taxes and
special assessments assessed against said Parcel through the date of taking. Accordingly,
pursuant to the authority under section 73.061, Florida Statutes, the Clerk is directed to pay to
the Collier County Tax Collector any taxes and special assessments shown to be due and owing
from the proceeds to be paid to OWNER and ENCORE prior to disbursement as set forth below.
8. Based upon the foregoing, it is proper that this Final Judgment as to Parcel
124FEE should enter in favor of COUNTY and against the respondents named in the Petition in
Eminent Domain as their interests may appear.
9. The Joint Motion is GRANTED and is incorporated by reference into this Final
Judgment.
10. COUNTY, OWNER and ENCORE agree that OWNER shall recover from
COUNTY the total sum of ONE HUNDRED FLFTY THOUSAND AND NO/100 DOLLARS
(5150,00.00}, in full compensation for the property interests taken, improvements taken,
severance damages, cure costs and all other damages or compensation claimed by or through
OWNER, its successors and assigns, now and in the future arising from the taking of Parcel
124FEE in this cause, subject to the possible payment of any unpaid pro-rated valorem taxes
and other assessments assessed against said Parcel through the date of taking. The
aforementioned compensation paid by COUNTY includes full payment of all of OWNER's and
ENCORE's attorneys' fees and costs expended or incurred in this cause by or on behalf of
OWNER and ENCORE.
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11. Pursuant to the Joint Motion, COUNTY agrees that the taking of Parcel 124FEE
does not abridge any preexisting subdivision rights related to the parent tract of Parcel 124FEE,
other than set-back lines and related matters. OWNER and its counsel have each agreed that no
nomnonetary benefits have been achieved in this cause and thereby have waived any additional
claim for attorney's fees or costs against Petitioner in this cause as to Parcel 124FEE. Such
stipulation is hereby ratified and incorporated into this Final Judgment
12. COUNTY shall be and is hereby credited the sum of ONE HUNDRED ELEVEN
THOUSAND AND NO/100 Dollars ($111,000.00) previously deposited into the court registry
on March_, 2013 pursuant to the Order of Taking. Such sum is hereby and shall be credited
towards payment of the awards made herein. Accordingly, COUNTY shall, within thirty (30)
days of the date hereof deposit an additional THIRTY NINE THOUSAND AND NO/100
Dollars($39,000.00).
13. Without further order of this Court and upon the deposit re eieuced above, the
Clerk of this Court shall forthwith pay on behalf of OWNER and ENCORE the total sum of
ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00), and less any
unpaid pro-rated ad valorem taxes and other assessments assessed against Parcel 124FEE
through the date of taking to the Trust Account of Woodward Pires & Lombardo, P.A.
Immediately upon issue, the Clerk shall mail its check to Anthony P. Pires, Esq., Woodward
Pires & Lombardo, P.A., 3200 Tamiami Trail North, Suite 200, Naples, Florida 34103, for
disbursement in accordance with this order and judgment. The interest, if any, related to the
deposits referenced herein shall be distributed pursuant to the formula set forth in Fla. Stat.
74.05I
14. There is no other or further compensation, damages, attorneys' fees and costs or
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experts' fees and costs due from COUNTY to OWNER or ENCORE in this matter as to Parcel
I24FEE.
15. The Court retains jurisdiction for determination of unpaid taxes and special
assessments,and for enforcement of the terms of this Final Judgment as may be necessary.
DONE and ORDERED in chambers in Collier County, Florida on this day of
,2013.
CYNTHIA A.PNACEK
CIRCUIT COURT JUDGE
Copies furnished to:
Jeffrey L. Hinds,Esquire
Marshall P.Bender,Esquire
Anthony P.Pires,Esquire
David E.Bryant,Esquire
Larry H.Ray,Collier County Tax Collector
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY,FLORIDA, a political
subdivision of the State of Florida,
Case No.: I3-CA-238
Petitioner,
vs.
Parcel: 124FEE
NEW PLAN FLORIDA HOLDINGS,LLC,a
Delaware limited liability company;et al.,
Respondents.
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT
AS TO PARCEL 124FEE
Petitioner, COLLIER COUNTY, Respondent, BEAUMARIS, LLC, a Florida limited
liability company, and Respondent, ENCORE NATIONAL BANK, a national association, by
and through their undersigned counsel, hereby stipulate and jointly move the Court to enter the
foregoing Stipulated Final Judgment as to Parcel 124FEE with Disbursement Orders to Clerk.
Marshall P.Bender, sq. Jeffrey L.Hinds,Esq.
Quarles&Brady,LLP FBN:0008710
1395 Panther Lane Jay J. Bartlett
Suite 300 FBN: 875163
Naples,Florida 34109-7875 SMOLKER BARTLETT SCHLOSSER
(239)659-5031 LOEB&HINDS,P.A.
FBN: 71474 500 East Kennedy Blvd.,Suite 200
Counsel for Beaumaris, LLC Tampa,Florida 33602
, da of (813)223-3888
Dated this day ,2013. Special Counsel to the Petitioner
Dated this day of 2013.
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i
A1646‘2101.00.4.-ilk 1
- 1 o P. •; , mil.
WOODWARD PIRES& a' t ••,P.A.
3200 Tamiami Trail North, Suite 200
Naples,Florida 34102
(239)649-7432
FBN:203671
Counsel for Respondent Encore National Bank
Dated this/ Afday of AP6(1...,2013
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Salee
(Fes sly
F
afiaartilUganalumfivliumminarasetinvnapart ape
The Mewing annmadass the Intara1 and tights Collier County (Mmkir 'Jhs
County) steal acquire from the moans cernareArtlarest holders (hes r
"Omearta7) of osfeln rest proper and described to are legal dsserlpron and sketch
("Sehadule in and tie obligations the County has agreed to comply edlh in connection
vat such and ;
1. The area d the intervals and rights to be aosrired by the County are described
and depicted herein end an Schedule It.
2. Schedule II daa(bee and dapiae a fee simple ao melt on from Owner(s)for rood
construction and related purposes,all being asaeielsd with the Project The County
t*WV=Wks a An simple blot in the poperty daserbad end depicted d on Schedule
Schedule I-Page 1 off
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Schedule II _ _-"-~___
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